SB1342 100TH GENERAL ASSEMBLY

LRB100 08487 SLF 18606 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1342

Introduced 2/9/2017, by Sen. Linda Holmes

SYNOPSIS AS INTRODUCED:

520 ILCS 10/2	from Ch. 8, par. 332
520 ILCS 10/3.5 new
520 ILCS 10/9	from Ch. 8, par. 339

Amends the Illinois Endangered Species Protection Act. Provides a person shall not allow for the participation of an African elephant or Asian elephant protected under the federal Endangered Species Act of 1973 in a traveling animal act. Provides that the provision does not apply to an exhibition of elephants at a non-mobile, permanent institution, or facility. Provides that a person who violates the Section is subject to a civil penalty of not less than $500 or more than $10,000 for each violation. Defines "mobile or traveling housing facility", "performance", and "traveling animal act". Effective January 1, 2018.

A BILL FOR

AN ACT concerning wildlife.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Endangered Species Protection Act is amended by changing Section 2 and 9 and by adding Section 3.5 as follows:

(520 ILCS 10/2) (from Ch. 8, par. 332)

Sec. 2. As used in this Act the following words have the following meanings:

"Board" means the Endangered Species Protection Board created by this Act.

"Conservation" means to use and the use of all methods and procedures which are necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to this Act are no longer necessary. Such methods and procedures include, but are not limited to, all activities associated with scientific resources management such as research, census, law enforcement, habitat acquisition and maintenance, propagation and transplantation.

"Department" means the Department of Natural Resources and "Director" means the Director of that Department.

"Endangered Species" means any species of plant or animal classified as endangered under the Federal Endangered Species Act of 1973, P.L. 93-205, and amendments thereto, plus such other species which the Board may list as in danger of extinction in the wild in Illinois due to one or more causes including but not limited to, the destruction, diminution or disturbance of habitat, overexploitation, predation, pollution, disease, or other natural or manmade factors affecting its prospects of survival.

"Threatened Species" means any species of plant or animal classified as threatened under the Federal Endangered Species Act of 1973, P.L. 93-205, and amendments thereto, plus such other species which the Board may list as likely to become endangered in the wild in Illinois within the foreseeable future.

"Animal" means those organisms commonly included in the science of zoology and generally distinguished from plants by possession of a nervous system and the ability to move from place to place, including all invertebrates such as sponges and mollusks as well as vertebrates such as fishes, amphibians, reptiles, birds, and mammals.

"Animal Product" means the fur, hide, skin, teeth, feathers, tusks, claws, eggs, nests or the body or any portion thereof whether in a green or raw state or as a product manufactured or refined from an animal protected under this Act or under rules issued pursuant to this Act.

"Plant" means any organism not considered to be an animal, and shall include such organisms as algae, fungi, bryophytes, and ferns, as well as flowering plants and conifers.

"Plant Product" means any plant body or part thereof removed from natural habitat, including seeds, fruits, roots, stems, flowers, leaves, or products made from any of these, including extracts or powders.

"Essential Habitat" means the specific ecological conditions required by an endangered or threatened species for its survival and propagation, or physical examples of these conditions.

"Take" means, in reference to animals and animal products, to harm, hunt, shoot, pursue, lure, wound, kill, destroy, harass, gig, spear, ensnare, trap, capture, collect, or to attempt to engage in such conduct. "Take" means, in reference to plants and plant products, to collect, pick, cut, dig up, kill, destroy, bury, crush, or harm in any manner.

"Illinois List" means a list of species of animals and plants listed by the Board as endangered or threatened.

"Mobile or traveling animal housing facility" means a transporting vehicle such as a truck, trailer, or railway car used to transport or house animals while traveling for exhibition or other performance.

"Performance" means an exhibition, public showing, presentation, display, exposition, fair, animal act, circus, ride, trade show, petting zoo, carnival, parade, race, or other similar undertaking in which animals are required to perform tricks, give rides, or participate as accompaniments for entertainment or amusement.

"Person" means any individual, firm, corporation, partnership, trust, association, private entity, government agency, or their agents, and representatives.

"Traveling animal act" means any performance of animals where animals are transported to, from, or between locations for the purpose of a performance in a mobile or traveling housing facility.

(Source: P.A. 89-445, eff. 2-7-96.)

(520 ILCS 10/3.5 new)

Sec. 3.5. Prohibition of use of elephants in traveling animal act.

(a) Notwithstanding Section 4 of this Act or any other provision of law, a person shall not allow for the participation of an African elephant (Loxodonta Africana) or Asian elephant (Elephas maximus) protected under the federal Endangered Species Act of 1973 in a traveling animal act.

(b) This Section does not apply to an exhibition of elephants at a non-mobile, permanent institution, or facility.

(c) The Department may adopt rules to implement the provisions of this Section.

(d) This Section is in addition to, and not in lieu of, any other laws protecting animal welfare. This Section may not be construed to limit any State law or rule protecting the welfare of animals nor prevent a unit of local government from adopting animal welfare ordinances, rules, or regulations.

(e) A person who violates this Section shall be subject to a civil penalty of not less than $500 or more than $10,000 for each violation. An officer or agent authorized by the Department or a law enforcement officer may enforce this Section.

(520 ILCS 10/9) (from Ch. 8, par. 339)

Sec. 9.

Except as otherwise provided in Section 3.5 of this Act, any Any person who violates any provision of this Act shall be guilty of a Class A misdemeanor.

(Source: P.A. 77-2830.)

Section 99. Effective date. This Act takes effect January 1, 2018.